THE STATE OF TEXAS
EXECUTIVE DEPARTMENT
OFFICE OF THE GOVERNOR
AUSTIN, TEXAS
JULY 25, 1989
EXECUTIVE ORDER WPC-89-13
'I'RANSFERRING TO THE UNITED STATES OF AMERICA BY AND
THROUGH THE SECRETARY OF THE INTERIOR ALL OF THE IJANDS,
TOGETHER WITH IMPROVEMENTS THEREON, HELD IN TRUST BY THE
STATE OF TEXAS FOR THE BENEFIT OF THE ALABAMA-COUSHATTA
INDIAN TRIBE OF TEXAS
WHEREAS, the United States Congress hetS enacted the Ysleta
del Sur Pueblo and Alabama and Coushatta Indian Tribes of Texas
Rest.oration Act (the "Act") (Public Law No. 100-89, 101 Statutesat-lJarge 669, August 18, 1987, codified at 25 united States Code
Sections 72Lthrough737), which provides for restoration of the
trust relationship between the United States of America and the
Alabama and Coushatta Indian Tribes of Texas (considered under the
Act as one tribe and referred to solely for purposes of this
Executive Order as the "Alabama-Coushatta Indian Tribe" or the
"Tr.·ibe"), and provides further that the United States of America
shall accept any offer from the State of Texas to convey to the
United States of America by and through the Secretary of the
Interior all land and improvements on that land that are held in
trust by the State of Texas for the benefit of the AlabamaCoushatta Indian Tribe and that the United States of America by and
t.hrongh the Secretary of the Interior shall hold such land and
improvements, upon conveyance by the State of Texas, in trust for
the benefit of the Tribe; and,
WHEREAS, the Texas Legislature has enact:ed Senate Bill No. 610
(Acts 1987, 70th Legislature, Chapter 669, Texas Revised Civil
Statutes Article 5421z-2), which provides that upon the restoration
of such trust relationship the Governor of Texas shall tran.fer by
executive order to the United states of America by and through the
Secretary of the Interior, as soon as possible after the effective
date of the federal legislation restoring such trust relationship,
all assets held in trust by the State of Texas for the benefit of
the Alabama-Coushatta Indian Tribe, including all real property
and buildings and improvements on such property, to be held in
trust for the Tribe;
NOW, THEREF'ORE, know all men by these presents that I, William
P. Clements, Jr., Governor of Texas, under the authority vested in
me, for and in consideration of these presents, and in compliance
with the directive above-cited, by these presents do hereby grant,
tTI'\IlSfer and convey to the United States of America by and through
the ~ecretary of the Interior, in trust for the benefit of the
~ll'\bl'\ma-Coushatta Indian Tribe,
all the real property, including
all buildings and improvements affixed to such property, that are
presently held in trust by the State of Texas for the Tribe, as the
same is more fully described in Exhibit A attached hereto and
incorporated herein by reference, subject to any exceptions,
reservations,
easements,
restrictions,
covenants,
conditions,
rights-of-way, and oil, gas and mineral leases which are valid,
subs.i.sting and of record, provided that any omission from Exhibit
A shl'\ll not limIt the Inclusiveness of the general description
herein set out, to have and to hold the above-described premises,
toget.her with all and singular the rights, appurtenances and
privileges thereto belonging, to the United states of America by
and through the Secretary of the Interior, in trust as hereinbefore
set out, and to his successors and assigns forever.
FURTHER, I do hereby direct all appropriate state officers and
personnel to take immediately all steps necessary to make the
grant, transfer and conveyance provided for by, and to effectuate
t.he intent of, this Executive Order.
This Executive Order shall be effective immediately and remain
in full force and effect until modified, amended or rescinded by
me.
Given under my hand this 25th
day of July, 1989.
Filed ill tbe Office "
Seuetary of ,Stale
..
JUl251989·
......, ...,
~,fIiinp
.,. .
EXHIBIT A
Executive
Order
Transferring
TO
THE
To
UNITED STATES OF AMERICA BY AND THROUGH THE
SECRETARY OF THE INTERIOR ALL OF THE LANDS,
'raG ETHER WITH IMPROVEMENTS THEREON, HELD IN
TRUST BY THE STATE OF TEXAS FOR THE BENEFIT
OF THE AL.ABAMA-COUSHATTA INDIAN TRIBE OF
'rEXAS
1.
That parcel of land described by metes and bounds and
quitclaimed in an
i nta
between
Atlant ic
Coushatta Tribes
of
land,
~greement
more
of
or
dated February 1, 1982 and entered
Richf ield Company
Texas,
less,
described
being
a
and
as
part
n:~corded
in Volume
406,
Pages
Alabama
containing 263
of
the
Great Northern Railroad Company survey No.
is
the
831,
and
acres
International
&
17, which agreement
et
seq.
of
the
Deed
Records of Polk County, Texas.
That parcel of land described by 'metes and bounds and
2.
quitclaimed
entered
in
into
an
agreement
between
dated
12,
February
Temple-Eastex
1982
and
and
the
Incorporated,
Alabama and Coushatta Tribes of Texas, described as containing
263
Inl
acres
of
rnational
land,
&
which agreement
more
or
less,
being
a
part
of
the
Great Northern Railroad Company Survey No. 17,
is recorded in Volume 407,
pages 757, et seq.
of the Deed Records of Polk County, Texas.
3.
That parcel of land described by metes and bounds and
conveyed in a deed dated September 20, 1928 from W. D. Gordon,
Thos.
,].
Collins
Baten and Carrie A.
to
the
United
Ali1hi1ma and Coushatta
Thrnnas
Colville
States
Indians
League,
Little,
of
of
Abstract
a
feme
America
Texas,
16,
sole,
in
being
Polk
and V.
A.
for
the
of
the
trust
a
part
County,
Texas,
described as containing 3,071 acres, more or less, which deed
is
recorded
in Volume
88,
beginning at
page
209
of
the
Deed
Records of Polk County, Texas.
4.
That parcel of land described and conveyed in a deed
dated
October
Alabama
14,
Indians,
1854
from
being
part
W.
of
R.
the
to
Moore
Owen M.
the
Owens
Tribe
of
Survey
in
Polk county, described as containing 200 acres, more or less,
and
in which reference is made for description of said land to
the description
is
recorded
in a patent No.
in Book
E at
pages
49,
Volume 8,
341
to 342
and which deed
in the
records of
Polk County, Texas.
5.
Those
two
bounds and
conveyed
A.
to
Hardin
recorded
311
of
in
the
l:he
parcels
land
described
by
in a deed dated August 15,
Tribe
Record
Polk county,
of
of
Alabama
Book
Texas;
of
the
Indians,
Deeds
first
D-E,
tract
metes
1854,
which
and
from M.
deed
beginning at
is
page
therein described
a.s containing 413.7 acres and being a part of the Bounty Land
Certificate granted
army
of
the
to said M.
Republic of
A.
Texas;
Hardin for services in the
and
the
described as
containing 177 acres and
Charles
Welch
Q.
headright
adjoining and duly west
of
first
tract
therein
being that part of the
described
the
second
as
unimproved
land
tra.ct of land described
in the same deed.
6.
That parcel of land described and conveyed in a deed
dated November 3, 1854 from Haden H. Edwards, Administrator of
the
Estate
described
being
a
of Charles Chevai1lier,
as
part
three
of
the
hundred
George
and
Deceased,
twenty
Nelson
(320)
headright
Exhibit A - page Two
to Samuel Rowe,
acres
of
land,
situated on the
wa~ers
is
of Big Sandy in Polk County,
II1'H1e
Volume
for
10
description
recorded
in
of
said
Book
of
Texas,
in which reference
land
to
the
patent
Deeds
0,
page
213
No.3,
of
Polk
Coullt-y, Texas, and which deed is recorded in Book E, pages 431
et seq. in the records of Polk County, Texas.
7.
That parcel of land described by metes and bounds and
conveyed
Bro.,
a
Texas,
in
a
deed
dated
March
30,
partnership organized under
acting
Partner,
to
by
the
and
state
through
of
1970
the
Thomas
Texas,
from W.T.
Carter
&
laws of the state of
L.
Carter,
described
its Managing
as
containing
an
undivided 78.272 acres out of a certain 152.55 acres tract and
being part of the John M.
in volume
244,
Ruge Survey, which deed is recorded
pages 699 et seq.
of
the Deed Records of Polk
County, Texas.
8.
That parcel of land described by metes and bounds and
conveyed
in
Company,
a
of Texas,
deed
dated
March
partnership organized
30,
1970
under
to
undivided
the
State
of
56.678
acres
out
being
part
of
the
recorded in volume 244,
Texas,
of
John
a
M.
from
the
acting by and through Victor N.
partner,
and
a
camden
laws
of
~arter,
described
as
Survey,
pages 701 et seq.
State
its Managing
containing
certain 152.55
Ruge
the
Timber
acres
which
an
tract,
deed
is
of the Deed Records
of Polk County, Texas.
9.
That parcel of land described by metes and bounds and
conveyed
in
a
Trustee,
to
t.he
undivided
deed
dated
State
of
March
Texas,
17.6 acres out of
a
30,1970,
described
from
as
J.C.
containing
certain 152.55 acres
Exhibit A - Page Three
Hooks,
tract
an
and
being part of the John M. Ruge survey, which deed is recorded
in volume 244, pages 697,
et seq.
of the Deed Records of Polk
Cou nty, Texas.
0492j
Exhibit A - page Four